C S R ASSOCIATES (609) 641-7117 Email: csr@csrcourtreporters · 3.11.2016 · C S R ASSOCIATES (609) 641-7117 Email: [email protected] C S R ASSOCIATES - Certified Court

C S R ASSOCIATES (609) 641-7117 Email: [email protected]

C S R ASSOCIATES - Certified Court Reporters

Page 21 Jersey, before Karen Winkler, a Certified

2 Court Reporter of the State of New Jersey, on

3 the above date, commencing at 10:16 A.M., there

4 being present:

5

6

7

8 APPEARANCES:

9

10

11 LANCE B. LANDGRAF, JR.

Hearing Officer

12

13

14 RYKER, DANZIG, SCHERER, HYLAND

& PERRETTI, LLP

15 BY: SCOTT G. COLLINS, ESQUIRE

Attorney for CRDA

16

17

18 ROBERT L. REID

Land Use Regulation and

19 Enforcement Officer

20

21

22 JUSTIN AUCIELLO, PP, AICP

Cofone Consulting Group

23

24

25



Page 31 I N D E X

2

3 WITNESS(ES) PAGE NO.

4 ROBERT BOLTON

5

6 NARENDRA DUTTA

7

8

9

10

11

12 EXHIBITS MARKED AND/OR REFERRED TO:

13 A-1

14

15

16

17 B-1

18

19

20

21

22

23

24

25



Page 41 (Time noted: 10:16 A.M.)

2

3 LANCE LANDGRAF: The next

4 application, as I said, is for Narendra Dutta.

5 It's 119 North Georgia Avenue. Block 338, Lot

6 13.

7 It's also in the R-3 single-family

8 attached district and seeking similar relief as

9 the last application; for bulk and area

10 requirements to allow the reconstruction of a

11 single-family dwelling that was damaged by

12 Superstorm Sandy.

13 NARENDRA DUTTA: It's Lot 13, not

14 14.

15 LANCE LANDGRAF: Yes. 13.

16 Rob, we have proof of service?

17 ROBERT REID: Yes. I reviewed the

18 proof of service, and we have jurisdiction to

19 hear this application.

20 LANCE LANDGRAF: Do you want to

21 swear in the gentlemen?

22

23 ROBERT BOLTON, previously

24 sworn.

25



Page 51 NARENDRA DUTTA, sworn.

2

3 SCOTT COLLINS: I think we should

4 note for the record that Mr. Bolton was

5 previously sworn and remains under oath.

6 LANCE LANDGRAF: All right. Same

7 thing. Present your application and we'll start

8 this moving.

9 ROBERT BOLTON: This is a new one

10 for us. Because I think every one we've done in

11 town has either been a semi-detached or in the

12 middle of a row, and this is a single. So, this

13 is something new.

14 What it allowed us to do is a

15 little more creative front elevation, where we

16 have a nice side-to-side gable roof and give it

17 a little more pizzaz than the other ones. But,

18 it, basically, is the same thing.

19 This home is 14 foot six inches

20 wide and 49 foot deep, which, again, is exactly

21 the same footprint as the house that exists.

22 And we're going right on that same footprint.

23 But, again, same reason. Our first floor

24 elevation will be at 15.2. Again, because we

25 want the seven-foot ceiling height in the bottom



Page 61 level so that it's usable for a storage area.

2 And we know that it can't be used for living

3 area.

4 And we've shown no windows or

5 anything down on that level. It's all

6 blockwork.

7 LANCE LANDGRAF: We would make that

8 a condition of any approval that we would

9 recommend.

10 ROBERT BOLTON: Yeah. And we're

11 well aware of that.

12 Other than that, again, it's the

13 same reasoning. The house was damaged. And

14 rather than try and rebuild or, you know, do a

15 renovation, it made much more sense to just

16 start over and put a new structure in that area.

17 Again, because this is detached, it

18 looked a little better, whether it's a little

19 higher or not. It's a detached home, and so you

20 want to create a difference in the homes anyway

21 in an area of detached single homes.

22 So, we feel this one's a

23 no-brainer, really. It's pretty easy to work

24 with.

25 LANCE LANDGRAF: I guess I have a



Page 71 question on the design. You said it's a

2 freestanding, but it looks like it's built as if

3 -- I'll say, from the left-hand side, looking at

4 the front of the building, it looks like it

5 would be attached.

6 ROBERT BOLTON: The left-hand side

7 is blank for one reason. It's within three foot

8 of the property line, and you can't have any

9 windows within three foot of a property line.

10 LANCE LANDGRAF: Right. I get that

11 part of it, but --

12 I don't know that that's --

13 Is that a construction code?

14 ROBERT BOLTON: Yes. That's a

15 construction code in Atlantic City.

16 ROBERT REID: It's State.

17 ROBERT BOLTON: We're not allowed

18 to have any windows in that wall.

19 ROBERT REID: I'm saying, the fact

20 that the wall has to be completely enclosed when

21 you're within three feet of a property line is

22 building code.

23 LANCE LANDGRAF: What I'm telling

24 you is, the setbacks in Brigantine --

25 I'll point to a councilman in



Page 81 Brigantine. We have three and seven, and

2 there's windows on those walls all day long.

3 ROBERT BOLTON: In Atlantic City,

4 you can't have --

5 LANCE LANDGRAF: Well, they're

6 still under the same building code.

7 ROBERT BOLTON: We're actually less

8 than three feet.

9 LANCE LANDGRAF: Maybe it's less

10 than three feet.

11 My concern is --

12 My question is, it looks like it's

13 ready to be attached to another structure and

14 it's not.

15 ROBERT BOLTON: Unfortunately --

16 LANCE LANDGRAF: Well, I'm looking

17 at this thing, and you have a peak that is a

18 peaked roof --

19 ROBERT BOLTON: Yes.

20 LANCE LANDGRAF: -- on the front

21 portion, at the lower end.


23 LANCE LANDGRAF: And you have a

24 section that goes up.

25 ROBERT BOLTON: A section goes up



Page 91 higher is where our heating equipment is.

2 LANCE LANDGRAF: Right.

3 ROBERT BOLTON: It's like a shed

4 dormer. It goes up, and it's only an area --

5 LANCE LANDGRAF: Why can't we raise

6 that full peak portion of this? This is going

7 to look odd, sitting in the middle of nowhere.

8 You have space on either side of this home and

9 you've got one sloped roof going up to one side.

10 ROBERT BOLTON: That slope is back

11 16 foot from the front of the unit.

12 LANCE LANDGRAF: I just don't see

13 that as being --

14 ROBERT BOLTON: In other words,

15 you're going to see a roof that looks like this

16 from the front, and that little peak that goes

17 up is sitting back in the middle of the house

18 and it's only about eight foot wide. It shows

19 on the side elevation on the next page.

20 LANCE LANDGRAF: So, really, from

21 the street, you're not going to see that?

22 ROBERT BOLTON: No. You really

23 won't. Unless you're about 40-foot away, you

24 won't see it.

25 LANCE LANDGRAF: Okay. That makes



Page 101 me feel a little bit better.

2 From that front elevation drawing,

3 it looks --

4 ROBERT BOLTON: That was only put

5 up in that one area so there would be an area in

6 the attic space for heating equipment.

7 Even though we have the seven-foot

8 ceiling down below, we can't put any heating

9 equipment down there.

10 LANCE LANDGRAF: You get what I'm

11 looking at, Justin?

12 JUSTIN AUCIELLO: Yeah.

13 LANCE LANDGRAF: It looked like it

14 was ready to be attached to another structure

15 and it's not.

16 ROBERT BOLTON: Yeah. It probably

17 would have been better if I hadn't shown that at

18 all.

19 LANCE LANDGRAF: You need to show

20 it.

21 JUSTIN AUCIELLO: We like

22 transparency.

23 LANCE LANDGRAF: And your

24 explanation gets me through my concern.

25 ROBERT BOLTON: Okay. Fine.



Page 111 LANCE LANDGRAF: All right. So, if

2 you're done, I'll have Mr. Auciello go through

3 his report.


5 JUSTIN AUCIELLO: Thank you,

6 Mr. Chair.

7 This report is dated September 26,

8 2016. This is our planning review.

9 Since we're talking about a totally

10 separate application, I'll go through the same

11 motions as I had previously.

12 ROBERT BOLTON: Sure.

13 JUSTIN AUCIELLO: It's an

14 application in the R-3 zone. The zone permits

15 the proposed use.

16 We take no issue with the use

17 itself. However, we do have some concerns

18 relative to the variances that are required.

19 There are two existing

20 nonconforming conditions; minimum lot area and

21 lot width. Nothing you can do about that. It

22 is what it is. We understand that.

23 There are some newly-recreated

24 variances for the front yard setback, rear yard

25 setback, side yard setback and second side yard



Page 121 setback and the lot coverage. The numbers are

2 provided in the report.

3 The planning issues for

4 consideration by the board: There are C

5 variances required. The variances would either

6 fall under c(1), hardship, or a c(2), which is

7 the benefits outweighing the detriments, also

8 known as flexible C.

9 Like in the previous application --

10 excuse me. You can strike that.

11 Go back to the brand new

12 application. So, again, I'm going to talk about

13 this application by itself.

14 The zoning table has to be revised

15 to reflect the compliance with the R-3 zone. I

16 believe the numbers that you had provided

17 relative to your application are fine, but the

18 numbers that are provided for the R-3 zone do

19 not match what's on the books in the zoning

20 ordinance.


22 JUSTIN AUCIELLO: So, that has to

23 be revised as a condition, should the board act

24 favorably upon this application.

25 Let me see. The applicant has



Page 131 already demolished the structure. So, all

2 existing conditions related to setback height,

3 coverages are extinguished.

4 Since this is a brand new

5 application relative to a new structure, there

6 would be variances required that are not

7 existing. They're all brand new.

8 So, I would ask you, from a

9 planning standpoint, with the variances that are

10 required --

11 Actually, start with this: Is

12 there a hardship, number one. And, number two,

13 if there's not a hardship, would the benefits of

14 granting those variances outweigh the detriment?

15 Is this a use that's consistent with the

16 surrounding area? Does it make sense? Did the

17 demolition of the past structure make sense, in

18 light of the need to improve this area?

19 So, I guess, from your standpoint,

20 would the granting of these variances be a

21 benefit to the community?

22 ROBERT BOLTON: Yes. This is

23 strictly benefit rather than hardship.

24 And, again, it's a single-family

25 home, like all the other homes on the block.



Page 141 The difference being, it's newly constructed.

2 All new exterior. Much more up to date, as far

3 as what's in the area. And would pose, really,

4 no detriment at all in the area. It fits, with

5 the exception of it being a little higher,

6 although it is still below the height

7 requirement, the height that's allowed.

8 So, we've done everything we can to

9 make it fit in and not have to say, well, gee,

10 we're going to be sticking way up in the air.

11 Because we're really not. We're within code.

12 JUSTIN AUCIELLO: So, you're saying

13 what's proposed today is generally consistent

14 with the pattern of development in the

15 surrounding area?


17 JUSTIN AUCIELLO: And would you

18 say -- you probably don't have the numbers, but

19 would you say that the existing structures in

20 this area probably violate a lot of variances

21 with respect to the condition?


23 Again, it's similar to most of the

24 areas, where the houses are relatively old.

25 JUSTIN AUCIELLO: So, you're



Page 151 dealing with a situation that, due to -- it's

2 not necessarily a hardship, but you're dealing

3 with a situation where you have an existing lot.

4 There's no way to expand that lot. So, you're

5 working within the confines.

6 And would you say that what's

7 proposed today would help to protect the home in

8 the event of another flood?

9 ROBERT BOLTON: Yes. Yes. This

10 way, not only are we improving the neighborhood

11 as far as visible, we're improving it and it's

12 going to meet all the latest flood requirements.

13 JUSTIN AUCIELLO: So, you're saying

14 that this is a proposal that's going to keep the

15 people who are going to, hopefully, occupy that

16 structure safe?


18 JUSTIN AUCIELLO: And would you say

19 that what's proposed here will provide for some

20 nice curb appeal? Can you speak to any

21 landscaping, any type of enhancements?

22 ROBERT BOLTON: Yes. The same

23 thing will exist here as is shown on Mr.

24 Catalano's plan.

25 And, again, it will be the engineer



Page 161 we will contact to get that sheet taken care of.

2 On his sheet, it shows a proposal

3 of the house. And, again, it sets back four to

4 five foot of green space area from the property

5 line to the start of the stair. So, we're not

6 encroaching right up to the property line. So,

7 we have room, again, for either grass area or

8 some low plantings across the front and help

9 dress it up and give it a little more

10 streetscape.

11 JUSTIN AUCIELLO: Great.

12 And then for parking, that's going

13 to be handled how?

14 ROBERT BOLTON: Parking, again, is

15 the same thing. It fronts on Blake Street.

16 It's an eight-foot wide street.

17 The gentleman realizes, now, he has

18 to park a ways away to get to the house.

19 NARENDRA DUTTA: I did before.

20 ROBERT BOLTON: And he's going to

21 continue to do it.

22 JUSTIN AUCIELLO: Okay. Great.

23 One last thing. About the fence

24 heights.

25 NARENDRA DUTTA: Before, I will try



Page 171 with City Hall. But, they told me, no, you

2 cannot do that.

3 JUSTIN AUCIELLO: That's

4 understandable. That's fine.

5 With respect to the fence height

6 ordinance, section 163-68 limits the fence

7 height to four feet, unless it's a privacy fence

8 in the rear yard. The applicant proposes a

9 five-foot fence. What's the function of this

10 fence? Is this to provide your privacy?

11 ROBERT BOLTON: Privacy, again.

12 JUSTIN AUCIELLO: And the type of

13 fence?

14 ROBERT BOLTON: It would be the

15 same. It would be an enclosed fence, either

16 vinyl-type closed fence or chain link with the

17 slats. It's for privacy.

18 JUSTIN AUCIELLO: Great.

19 So, I believe that's it.

20 This is an application that, I

21 believe, advances the intent of the CRDA

22 Atlantic City Tourism District Master Plan, the

23 intent of the Tourism District. It's a

24 permitted use.

25 I believe the testimony that you



Page 181 have provided is sufficient to establish the

2 benefits of granting these variances would

3 outweigh any detriment to the same.

4 And from a planning standpoint, I

5 believe this is an application that should be

6 acted upon in a favorable manner.

7 ROBERT REID: Mr. Bolton, is part

8 of your testimony that the plans showing a

9 49-foot long building is replacing a building

10 that previously was 49 feet long?

11 ROBERT BOLTON: Yes. Exactly the

12 same footprint in every respect.

13 LANCE LANDGRAF: Because you do

14 quite a bit of these.

15 What I'm going to ask, in the

16 future, we need a survey of that structure.

17 Because the application --

18 We understand, now, that the

19 building's gone. So, what would help us get

20 through this a little bit easier is a survey

21 that shows the existing dwelling on the

22 property.

23 ROBERT BOLTON: Okay.

24 ROBERT REID: Or the previously

25 existing dwelling, in this case.



Page 191 ROBERT BOLTON: Fine.

2 LANCE LANDGRAF: I know you can't

3 do that now, because the building's gone. In

4 future cases --

5 ROBERT BOLTON: It's going to look

6 exactly like what's here, except it won't say

7 proposed two-story. It'll say existing

8 two-story.

9 The only thing that would not show

10 would be the stairwell on the front. But,

11 everything else, if I had them scrub out the

12 word proposed, we'd be okay.

13 LANCE LANDGRAF: Here's what we're

14 trying to get to: We need to show what was

15 existing prior to you tearing it down and then

16 what you're proposing. Because if we say here's

17 what's existing, it's easier for us to show it

18 on a survey to make the case that you're

19 replacing what you had in the past. That's what

20 we're asking.

21 ROBERT BOLTON: That's fine.

22 LANCE LANDGRAF: Anything from you?

23 SCOTT COLLINS: We'll just mark the

24 application materials as A-1 and the 9/26/16

25 letter that Justin spoke from as B-1.



Page 201 LANCE LANDGRAF: Okay.

2 Mr. Bolton, anything else?

3 ROBERT BOLTON: No. That's it.

4 LANCE LANDGRAF: Mr. Dutta?

5 NARENDRA DUTTA: No.

6 LANCE LANDGRAF: Does anybody from

7 the public have anything on the application?

8 Step forward.

9 Seeing none, we'll close the public

10 portion.

11 Anything else from us? I think

12 we're good.

13 ROBERT REID: We're good.

14 LANCE LANDGRAF: We'll close this

15 application.

16 Our reports will be posted for the

17 December 20th board meeting and we'll move

18 forward from there.

19 All right. Thank you very much.

20

21 (This public hearing concluded at

22 10:31 A.M.)

23

24

25



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C S R ASSOCIATES (609) 641-7117 Email: csr@csrcourtreporters · 3.11.2016 · C S R ASSOCIATES (609) 641-7117 Email: [email protected] C S R ASSOCIATES - Certified Court